“Motorcyclists are 28 times more likely than passenger car occupants to die in a crash.”
— National Highway Traffic Safety Administration (NHTSA), 2022
That stat should make anyone pause. Riding a motorcycle comes with risks, and when accidents happen, they hit harder — physically, emotionally, and legally.
Motorcycle accident claims aren’t just another type of personal injury case. They’re more complex, more contested, and often more frustrating for victims. Insurance companies push back harder. Juries can be biased. And injuries are typically more severe.
If you’re trying to file a motorbike accident injury claim, or you’re helping someone who is, you need to understand why these cases are so challenging — and what you can do about it.
Let’s break it all down.
The unique challenges of motorcycle accident claims
When you’re in a crash, you should be able to get compensation for things like medical bills, lost income, and motorcycle accident pain and suffering. But motorcyclists face roadblocks that car drivers usually don’t.
1. Bias against motorcyclists
Many people — including jurors and insurance adjusters — assume motorcyclists are reckless. That bias can reduce your settlement or lead to a lowball offer.
Even if the other driver was clearly at fault, the assumption may still be: “The biker was probably speeding” or “They took unnecessary risks.”
This kind of bias isn’t just frustrating. It can seriously hurt your claim.
A 2019 study published in the Journal of Safety Research found that drivers often perceive motorcyclists as more aggressive, even when obeying traffic laws. This perception bleeds into the courtroom — and affects the outcome of claims.
2. More severe injuries mean higher stakes
Motorcyclists don’t have the physical protection that cars offer. No airbags. No steel frame. Just a helmet and maybe some gear.
That means injuries from motorcycle accidents tend to be catastrophic:
- Traumatic brain injuries (TBIs)
- Spinal cord damage
- Amputations
- Internal organ damage
- Road rash and disfigurement
These injuries come with higher medical bills, longer recovery times, and bigger impacts on your day-to-day life. That makes motorbike accident injury claims more expensive — and more likely to be fought hard by insurance companies.
In Alabama, where Mike Slocumb Law Firm is headquartered, motorcycle fatalities increased by over 20% in 2022, according to data from the Alabama Department of Transportation. This spike not only points to greater risks but also more aggressive legal defenses by insurers.
3. Insurance companies resist large payouts
Because motorcycle crashes often involve severe, life-altering injuries, the damages sought are usually much higher than in standard car accidents.
That alone puts insurers on the defensive. They’re not going to cut a big check without a fight.
You can expect:
- Intense scrutiny of your medical records
- Surveillance (yes, they may hire someone to watch you)
- Claims that your injuries were pre-existing
- Delays in processing
- Blame-shifting tactics
They’ll try to reduce what they owe you — especially for pain and suffering, which is subjective and harder to quantify.
Determining compensation for motorcycle accident injuries
So how do you figure out what your motorcycle accident claim is really worth?
Here’s a breakdown of the categories that matter most:
1. Medical expenses
This includes:
- Emergency room visits
- Surgeries
- Physical therapy
- Medications
- Future medical costs
Motorbike injuries are often long-term, and you have to account for that in your claim. Never accept a settlement until you know the full scope of your injuries and projected recovery.
2. Lost wages
If you’re out of work — temporarily or permanently — you can recover those lost earnings. For serious injuries, this might also include loss of earning capacity if you can’t return to the same job.
3. Pain and suffering
This covers physical pain, mental anguish, and emotional distress.
But it’s hard to measure. Insurers usually use formulas — like multiplying your medical costs by a number between 1.5 and 5 — but those calculations don’t always reflect your real experience.
For example, if you’re permanently disfigured, dealing with PTSD, or can’t sleep due to chronic pain, that should be factored in — and aggressively negotiated.
4. Property damage
This includes damage to your bike, gear, helmet, and any personal items you had with you during the crash.
5. Other damages
Depending on the situation, you may also pursue:
- Loss of enjoyment of life
- Loss of consortium (relationship impacts)
- Punitive damages (in rare cases of gross negligence)
Comparative negligence laws make it harder
If you’re in Alabama — or another state with harsh contributory negligence laws — your ability to recover damages may hinge on proving you were 0% at fault.
Even if you were only 1% responsible for the crash, the law might block your entire claim.
This is why legal strategy is so critical in motorcycle accident claims. You can’t afford to leave any room for interpretation.
If an insurance adjuster or defense lawyer can convince a jury that you contributed even slightly to the crash, you could walk away with nothing.
What you should do after a motorcycle accident
If you’re involved in a motorcycle crash, take these steps to protect your claim:
- Call 911 – Always get a police report. It’s key evidence.
- Get medical help – Even if you feel okay, get checked. Injuries may not show up immediately.
- Document everything – Take photos of your injuries, the bike, and the accident scene.
- Avoid social media – Insurers watch your accounts. Don’t post anything.
- Don’t talk to insurers alone – They’re trained to get you to say things that hurt your case.
- Contact a motorcycle accident lawyer – The sooner, the better.
Call Mike Slocumb Law Firm
At Mike Slocumb Law Firm, we’ve seen the aftermath of serious motorcycle crashes firsthand. We know how to build strong cases that challenge bias, prove fault, and demand the compensation you deserve.
Our team handles motorcycle accident claims across Alabama and beyond. We fight for riders who’ve been injured due to someone else’s negligence — and we don’t back down from insurance companies.
If you’re dealing with mounting bills, serious injuries, and stress after a motorcycle crash, don’t wait. Contact us for a free consultation. Let us focus on your case — so you can focus on recovery.
Final Thoughts
Motorcycle accident claims are harder. But that doesn’t mean you’re powerless.
Know your rights. Work with an experienced attorney. And don’t let anyone minimize your injuries, your experience, or your claim.
Your pain is real. Your losses matter. And you deserve full compensation — not just a fast payout.